Skip to main content

View Diary: Bush admin asks SCOTUS to overrule 4th Circ. on Padilla (43 comments)

Comment Preferences

  •  Is this the key? (none)
    From the Post article:
    In requesting the transfer to Justice Department custody, the government suggested that the 4th Circuit vacate its ruling allowing Padilla to be held as an enemy combatant. But the 4th Circuit yesterday also refused to lift the earlier decision and suggested that the Justice Department request was made to avoid further judicial scrutiny.

    If the 4th must reverse its earlier decision, does it have to come up with a reason other than expediency? that is, can it reverse its earlier decision on the basis of expediency (Padilla and the Justice both want the transfer) or must it find itself to have been wrong in its first decision? If the latter, then its refusal is easy to understand. But I'm not a lawyer.

    Mother Nature bats last.

    by pigpaste on Thu Dec 29, 2005 at 12:05:20 AM PST

    [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site